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· 8/2/1989

James W. Menefield v. Robert G. Borg, Warden

Citations

  • 881 F.2d 696
  • 1989 U.S. App. LEXIS 11243
  • 1989 WL 84618

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that a defendant’s decision to represent him- or herself is not “cast in stone”
  • \We... hold that... an accused who requests an attorney at the time of a motion for a new trial is entitled to have one appointed\
  • “[b]ecause of the centrality of the right to counsel, we will not deny a defendant that right during a critical stage of the prosecution unless compelling circumstances require us to .do so”
  • citations to Mempa v. Rhay, 389 U.S. 128 (1967), and United States v. Ash, 413 U.S. 300 (1973), omitted
  • “We are certainly unwilling to deny counsel because of some conception that the defendant’s initial decision to exercise his Faretta right and represent himself at trial is a choice cast in stone.”
  • “A trial court cannot insist that a defendant continue representing himself out of some punitive notion that the defendant, having made his bed, should be compelled to lie in it.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Schroeder, Reinhardt, Leavy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.